Your relationship with Exceed and products and services provided by Exceed may also be governed by other written agreements. If any of these terms conflict with the terms of such written agreements, the terms of such written agreements will control.
2. Changes in Terms.
3. Termination of Access.
Exceed may terminate your access to this website for any reason, at any time, with or without notice to you.
The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers (“Trademarks”) used and displayed on the website are registered and unregistered Trademarks of Exceed and others in the United States and other countries. No display or use of such Trademarks (including display of the Trademarks in meta tags or hidden text) may be made without the prior written permission of Exceed or other Trademark owner.
7. Screen Shots.
You may not reproduce, sell or distribute the information provided to you in this website.
8. Permitted Use of the Website.
You may not reproduce, sell or distribute the information provided to you in this website. Such use will also be subject to any written agreements between you and Exceed.
9. User Conduct.
When using the website, you may not:
- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the website or any portion thereof without Exceed’s prior written consent.
- Upload, post, publish, transmit, reproduce or distribute through the website any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed nondisclosure obligations.
- Engage in conduct, during use of the website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others.
- Upload, post, publish, transmit, reproduce or distribute through the website any material that contains advertising solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services.
- Upload, post, publish, transmit, reproduce or distribute through the website, or place any links on the website to, any material that is vulgar, obscene, profane, hateful, sexually explicit or otherwise objectionable.
- Alter, interfere or disrupt the content or functioning of the website through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the website.
- Use the website to gain unauthorized entry or access to other computer systems or networks.
- “Mirror” the website or any of its content on any other server without the express prior written permission of Exceed
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the website.
- Upload, post, publish, transmit, reproduce or distribute through the website any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
10. Limitations of Liability.
- Risks of use.
Access to this website may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to this website is unavailable or delayed at any time, you agree to use alternative means to obtain information from Exceed, such as by contacting an Exceed Member Services representative. Exceed will not be liable to you or any other party in the event any information or any online service made available through this website becomes unavailable.
- Limitation of Damages.
IN NO EVENT WILL EXCEED BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE, REGARDLESS OF WHETHER EXCEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR SOLE REMEDY IS TO STOP USING IT. In no event will the liability of Exceed or its affiliates, successors or assigns, or any of their officers, directors, employees or agents, exceed $100. These limitations of liability will apply without regard to the cause or causes thereof, strict liability, regulatory or statutory liability, breach of warranty (express or implied), any theory of tort, breach of contract or the negligence of any party or parties, whether such negligence be sole, joint or concurrent, active or passive.
- Disclaimer of Warranties.
- Some states’ laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in sections 9.b (“Limitation of Damages”) and 9.e (“Disclaimer of Warranties”) may not apply to you, and you might have additional rights.
- No Liability for Events Outside of Exceed’s Control.
Exceed will not be liable for any loss that results from a cause over which Exceed does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone network issues; (3) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. Exceed is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of this website.
- Links to Other Websites.
This website may contain links to websites operated by others. Such links are provided for your reference and convenience only. A link to another website does not imply or mean that Exceed endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at other websites. You agree not to hold Exceed responsible for the content or operation of other websites.
- Links from Other Websites.
This website may not be linked to in a way that causes the pages of the website to be displayed within a frame on a third party website, or otherwise displayed on a browser screen accompanied by advertising or other content not found on the website. The fact that a third party provides a link to the website does not indicate that an endorsement, agency, joint venture, or similar relationship exists between Exceed and such third party.
You agree to indemnify, defend and hold harmless Exceed and their affiliates, successors and assigns, and each of their officers, directors, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and costs, arising out of or relating to your use of this website or the materials or services made available through it to the extent such claim arises out of your conduct or those acting on your behalf.
12. Consent to E-Mail Communications and Opting Out.
If you are a party to a Homeowner Enrollment Agreement with Exceed or have a business relationship with us, you agree that we may send e-mails to you regarding our relationship. Exceed may also send e-mails to you about services and products we believe may be of interest to you. You may opt-out of future promotional e-mails by following instructions contained in an e-mail that you receive from us. We reserve the right, however, to e-mail you important information relating to your Homeowner Enrollment Agreement or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You agree that you are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you have provided to us.
13. Applying for Additional Services or Changing Existing Services.
If you apply for a product or service through this website, you authorize Exceed to treat your application or request as if it had been made in writing and signed by you.
14. Protecting your User Name and Password.
Exceed uses passwords to prevent unauthorized access to certain areas of this website. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that Exceed establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold Exceed liable for any damages of any kind resulting from your decision to disclose your user name or password to any third party. You will be responsible for any access to this website made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the website, any information therein, or any online services offered through the website. We may suspend or cancel your access to the restricted areas within this website if we suspect this website is being used in an unauthorized manner.
- Successors and Assigns.
- Governing Law.
- Customer Service.
If you need assistance with this website or with any service or information provided through it, or if you need to communicate with Exceed, write to us at:Exceed Suite 1101, 250 West 57th Street, New York, NY 10107You agree that we may record the conversations our employees have with you. We may do this from time to time to monitor the quality of service and accuracy of information our employees give you.
- Entire Agreement.